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Summary: This report extracts mentions of children's rights issues in the reports of the UN Special Procedures. This does not include reports of child specific Special Procedures, such as the Special Rapporteur on the sale of children, child prostitution and child pornography, which are available as separate reports.
Please note that the language may have been edited in places for the purpose of clarity
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Special Rapporteur on freedom of religion or belief
Special Rapporteur on freedom of religion or belief
Heiner Bielefeldt
A/HRC/22/51/Add.1
Visit: from the 29 March to 5 April 2012
Rapport published: 24 December 2012
Freedom of religion or belief and school education:
The Special Rapporteur notes that:
A sensitive issue raised in many discussions concerns school education, in particular religious instruction based on the tenets of a particular faith. The Special Rapporteur was told that Orthodox Christianity is taught as part of the mandatory curriculum in public schools in the southern part. Students or parents can apply for an exemption which is generally granted; however, an exemption reportedly needs to be justified by revealing one’s religion or belief in a letter to the Ministry of Education. Furthermore, due to a lack of rooms or resources in certain schools, children exempted from religious instruction may have to remain in the classroom, which means that in practice they are still exposed to religious instruction that may go against their convictions. According to the information received, Jehovah’s Witnesses are required to apply annually for exemption from religious instruction or ceremonies in order to convince the authorities that they do not participate in such religious activities. In some cases, exemption procedures have reportedly been rather cumbersome. (part 62)
In the northern part, there have been public debates on the question of mandatory religious and moral instruction, largely based on Islamic teachings, in public schools. As far as the Special Rapporteur could determine, parents or students do not seem to have an option of exemption, which would be an aggravating factor in this context. Reportedly, the largely secular teachers union firmly opposes any religious instruction in public schools in the north. (para 65)
The Special Rapporteur recommends that:
The Special Rapporteur would like to reiterate that religious instruction in the public school system must always go hand in hand with specific safeguards on behalf of members of religious or belief minorities, including theistic, non-theistic or atheistic minorities. A minimum requirement would be that members of minorities have the possibility of “opting out” of religious instruction that goes against their own convictions. Such exemptions should also be available for persons adhering to the very same faith in which instruction is given, whenever they feel that their personal convictions – including dissenting convictions – are not respected. Moreover, the possibility of opting out should not be linked to onerous bureaucratic procedures and must never carry with it de jure or de facto penalties. Finally, wherever possible, students not participating in religious instruction due to their adherence to a different faith should have access to alternative courses provided by the school. (para 66)
The Government of the Republic of Cyprus should further develop its existing policy of appreciating religious and belief diversity with a view to including small communities as well as communities which do not have a long historical presence in Cyprus. In order to guarantee everyone’s full and non-discriminatory enjoyment of freedom of religion or belief, members of those religious communities that fall outside the ambit of those religions which have been historically present in the island should also benefit from existing subsidies, including financial support for denominational schools, presence in public media and coverage in school curriculum and teaching materials. (para 74)
The Government should ensure that during school education no student is exposed to religious instruction that goes against her or his conviction (or the conviction s of parents and, where applicable, legal guardians). The right to an exemption from religious instruction should be guaranteed, not only de jure but also in practice. (para 78)
It should also be ensured that students are not exposed to pressure to participate in religious rituals, including confessions to a priest, in the context of their school education. School education should include objective information on the diversity of religions and beliefs, thus promoting multi-perspectivity, as currently envisaged in programmes designed by the Ministry of Education and Culture. (para 79)